DOJ’s decision to appeal order to disclose Barr memo is disappointing, but shows that this DOJ cares more about protecting institutional norms than settling political scores. And DOJ can still consider charging Trump with obstruction, as Mueller intended washingtonpost.com/national-secur…
DOJ has a legal duty to protect deliberative process privilege. If it rolls over here, it will set precedent for future instances. That does not mean it is refusing to consider charges against Trump. It just means that it is not disclosing the deliberative process among lawyers.
DOJ can still review and reverse the substance of the decision that the evidence did not amount to obstruction. Mueller’s excessive restraint and naïveté left the door open for Barr and his henchman to drive a truck through it.
Statute of limitations has not yet run. DOJ still can and should make its own assessment of the evidence and decide whether to charge Trump with obstruction. Based on the public record, the evidence is overwhelming.
Key part of non-public memo is whether it was based on facts or on Barr’s extreme view of executive power, as discussed in his 2018 memo, that a president cannot be guilty of obstruction as a matter of law. If the latter, then DOJ should reject that faulty theory and charge away.
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